Applying for Deferred Action for Undocumented Childhood Arrivals

Issues: Immigration

On June 15, 2012 the Department of Homeland Security announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred deportation action for a period of two years.

Congressman David Rivera's Miami District office is providing all forms, instructions and additional information about the request office during normal business hours 9:00 a.m. to 5:00 p.m., Monday-Friday.  His office is located at 12851 SW 42nd Street, Suite 131, Miami, Fla. 33175.  The same documents are also available in the links below.

Congressman Rivera acknowledges that granting deferred deportation action for childhood arrivals does not signal a permanent solution for these young people, and that there is a need to address and take action on the issue of immigration reform.  He believes that this needs to be a deliberative process to implement permanent solutions.  Congressman Rivera has introduced two pieces of legislation in the U.S. House of Representatives to help undocumented young people who meet certain criteria earn legal status in the United States and achieve the American dream. 

The Studying Towards Adjusted Residency Status (STARS) Act (HR 5869) would allow undocumented students to focus on completing their university education, and upon graduation work towards achieving permanent residency status.  The Adjusted Residency for Military Service (ARMS) Act (HR 3823) would give undocumented young people who have a desire to serve in America’s Armed Forces the opportunity to achieve that goal and work towards achieving permanent residency status. 

For more information about Congressman Rivera’s immigration proposals, visit his website at www.rivera.house.gov/issue/immigration and read more about it by clicking here.

Checklists, FAQ & Additional Information:

To find out if you are eligible for consideration for deferred action for childhood arrivals, look at the following documents:

Checklist  Deferred Action for Undocumented Childhood Arrivals Requirements  (Español)

USCIS Consideration of Deferred Action for Undocumented Childhood Arrivals Pictoral Guide

Congressman Rivera’s office has also assembled an information packet that includes information from the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) such as Frequently Asked Questions, preliminary guidelines and an outline of the filing process to request consideration of deferred deportation action for childhood arrivals.

Information Packet: Applying for Deferred Action for Undocumented Childhood Arrivals

Paquete de Informacion: Solicitando Consideracion a la Accion Diferida para Jovenes  Indocumentados Llegados en la Infancia

Forms:

Click here for details about the total filing fee and where completed form packets need to be mailed.

To request that USCIS consider deferring action, individuals must file the following forms:

I-821D: Consideration of Deferred Action for Childhood Arrivals

(I-821D Instructions)

I-765 Application for Employment Authorization (Work Permit)

(I-765 Instructions)

I-765WS:  Form I-765 Worksheet (to establish economic need)

If you would like to receive an email and/or text message informing you that USCIS has accepted your application or petition, complete:

Form G-1145: E-Notification of Application/Petition Acceptance (this is an optional form)

Please note: there are no fee waivers available for the Consideration of Deferred Action for Childhood Arrivals process.  However, there are fee exemptions that may be granted in very limited circumstances. 

Click here for guidelines on fee exemptions for the Consideration of Deferred Action for Childhood Arrivals process.

Information about Notices to Appear:

Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance.  Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.

Click here to access the Notice to Appear Policy Memorandum.

Information on Pro-Bono Immigration Legal Services & Avoiding Immigration Law Scams:

It is very important that you speak with a licensed attorney who specializes in Immigration Law.  Beware of notaries or “notarios” and others not licensed to practice law who may not only waste your money but could also put you at risk of deportation. 

Click here for a list of Pro-Bono (free or low-cost) Immigration Legal Services for the Deferred Action Process.

Click here to visit the USCIS website on how to avoid immigration law scams and unlawful practice of immigration law. 

USCIS has prepared a "How Do I?" Guide on the process of Consideration of Deferred Action for Childhood Arrivals.  Click here to see the guide.

If you have additional questions about the Consideration of Deferred Action for Childhood Arrivals process, please contact Congressman Rivera’s office at (305) 222-0160.

More information about the process is available at www.uscis.gov/childhoodarrivals.